HomeMy WebLinkAbout1996-05-13 96-210 RESOLVECOUNCIL ACTION 96-2I0
Item No.
Date May 13, 1996
Item/Subject: Ratifying Execution of Municipal Quitclaim Dead
- 1001 Union Street, Tax Map R24, Lot 11
Sewer Account No. 066-077-1
Responsible Department: Legal
Commentary:
The attached Council Resolve would ratify the City Manager's
execution of a Municipal Quitclaim Deed releasing the city's
interest in the former Rustler Steakhouse property located at 1D01
Union Street, arising out of three late -discharged sewer liens,
The liens concerned were recorded on June 7, 1994, and matured an
December 7, 1995. Except for a small ($8.21) interest balance, the
Rustler sewer
account was paid in full on November 7, 1995, but
discharges of the 1994 liens were not recorded until February,
1996. Due to the late recording of the lien discharges, a
quitclaim deed was required to clear title. The deed attached to
the Council Resolve w,executed by the City Manager i advance of
City Council approval, s
to a real estate closing held on
April 24, 1996.
Associated Information: Resolve, Owed
Department Head
Finance Director
Introduced For Consent Agenda
_X Passage
First Reading
Referral Page _� of 3
96-210
Asalgned to Councilor
Seucy
Mny 11, 1996
CITY
OF
BANGOR
(TITLE.) Iue,.
.Ratif.i Execution
....Y._!`B.._recu.__.__._..._.._......_.2_..._3......_.._..._......_..._.._.
of Munici al uitclaim Deed
1001 Union Street, Tax Map R24, Lot 11 -- Sewer Account No.
aa6.:aziM.a.... ....... ..... .... ...... _.... ... .._............ _.... _.... ... .... ... _...... _.._............. ......... 6_.6 ... 66.
BV Ne City Ca Of City ofRaAW.-
BBBDLV D. THAT the action of the City Manager in executing and
delivering a Municipal Quitclaim peed, a copy of which is attached
hereto, releasing title to land at 1001 Union Street, is hereby
ratified and confirmed.
IN CITY COUNCIL
May 13, 1996
Passed
CLEW
96-210
8 E S 0 L V E
SurFfyio Execution f Municipal Quit-.
VJ. m Deer , M.'eat, Tax Map
R24, Lot 11 - Sever Account No. 066-0]]-1
m
MEMORANDUM
July 29, 1996
TO: Gail Campbell, City Clerk
FROM: Terri Corey, Legal Department
RE: Council Orders #96-212 and #96-309
In accordance with the above Council Orders passed on May
13 and July 8, enclosed for your permanent records please find
copies of the executed Municipal Quitclaim Deed and Agreement
between the various parties involved.
If you have any questions, please call me.
to
Enclosures
pc: Mark Marquis, Code Enforcement
I- MUNICIPAL QUITCLAIM BEER
The CITY OF BANGOR, a municipal corporation organized and
existing under and by virtue of the laws of the State of Maine,
located in Bangor, Penobscot County, Maine, as Grantor, for
consideration paid, releases to PAUL BARON of Banger, Penobscot
County, Maine, Grantee, as successor in interest to George L.
T50ulas, Trustee Of the GEORGE L. TSOULAS TRUST, a certain lot Or
parcel of land with buildings thereon situated in Bangor, Penobscot
County, Maine, more particularly bounded and described as follows:
The two story double tenement house, ell and
stable located at Nos. one hundred forty-four
(144) and one hundred forty-six (146) Cumberland
Street, with the lot on which said buildings
stand, being fifty-two (52) feet by one hundred
thirty-two (132) feet more or less; and being the
same premises described as follows in the deed
from Ida S. Byer to Joseph A. Byer, dated January
4, 1909, and recorded in Book 793, Page 142:
"Beginning at an
iron bolt on the north line of
Cumberland Street eighty-two feet east of the east
line of Pine Street, at the southwest corner of
the lot conveyed to Susan L. Farrar by the heirs
of Nathaniel Lord by deed recorded in Penobscot
Registry of Deeds Vol. 381, page 315; thence
northerly parallel with said Pine Street one
hundred and thirty-two feet and seven inches to a
iron bolt at the line between the parcel hereby
conveyed and land of F. W. Hill; thence easterly
on said line forty-one feet and three inches to an
iron bolt at the westerly line of a strip of land
conveyed by W. R. Foster to E. A. Marden by deed
recorded in said registry, Vol. 352, page 59;
thence southerly on said line and parallel with
the Budge line, so called, fifty-two feet to the
northerly line of the passageway leading westerly
to Pine Street; thence westerly on said passageway
sixteen feet and four inches to an iron bolt where
the center line of the double tenement house
standing on said lot, extended, intersects said
passageway, thence southerly through the center of
said house eighty-one feet to Cumberland Street;
thence westerly on the northerly line of
Cumberland Street twenty-five feet to the place of
beginning. Subject, however, to all existing
right of other parties to pass over said ten foot
passageway, this deed being made subject to all
such existing rights whatever they may be.
ALSO another certain parcel of land with the
buildings thereon, situated on Cumberland Street,
in said BANGOR, and bounded as follows, viz:
Beginning on the north side of said Cumberland
Street one hundred and seven feet from the corner
of Pine and Cumberland Streets, thence northerly
through the center of a double tenement house
formerly owned by Alden Avery seventy-one feet;
thence easterly on a line parallel to Cumberland
Street sixteen feet; thence southerly to
Cumberland Street; thence westerly sixteen feet to
the bounds first mentioned, together with my right
t0 a ten foot passageway on the northerly side of
said lot always to be kept open. Also my right to
a ten foot passageway on the easterly side of said
lot."
Being the se premises conveyed by Herbert C.
Emple, Guardian of Lawrence S Mildred V. Emple
Heirs, by Guardian's Deed dated May 21, 1970 and
recorded in volume 2186, Page 110, Penobscot
Registry of Deeds. Further reference may be had
also to a Warranty Deed from George L. Tsoulas to
George L. Tattles, Trustee under agreement dated
August 31,. 1990 and recorded in Volume 4788, Page
258.
Any and all other rights, easements, privileges
and appurtenances belonging tothe granted estate
are hereby conveyed.
The purpose of this deed is to release to the Grantee any
interest the Grantor may have in the above-described property by
virtue of tax and sewer liens recorded in the Penobscot Registry of
Deeds and listed in Schedule "A" attached hereto. All public
easements or other public interests in the described premises for
roads, sewers, or other purposes are expressly reserved.
The said CITY OF BANGOR has caused this instrument to be
Baled with its corporate seal, and signed in its corporate n e by
EDWARD A. BARRETT, City Manger, thereunto duly authorized, this
25th day of July, 1996.
Signed, Sealed and Delivered
in the Presence of
CITY OF BANGOR
(By)
ward A. Barrett
Its City Manager
STATE OF MAINE
PENOBSCOT, as. July 25 , 1995
Then personally appeared the above-named EDWARD A. BARRETT,
City Manager of the City of Bangor, and acknowledged the foregoing
instrument to be his free act and deed in his said capacity, and the
free act and deed of said body corporate.
Before me,
OAg
Notary Publi
Printed Ouse:ZE C CORE%
My Commission Expires: IAA?1/94
I a SCHEDULE A
1. Tax lien against Katie S. Emple Et Als JT, in the amount of
$418.96, committed July 17, 1970 and recorded May 18, 1971 in Book
2213, Page 551.
2. Tax lien against George L. Tsoulas, in the amount of $266.95,
committed July 16, 1971 and recorded June 1, 1972 in Book 2273, Page
143.
3. Sewer lien against George L. Tsoulas Trust, in the amount of
$118.00 plus interest, dated May 12, 1994 and recorded June 7, 1994
in Book 5643, Page 113.
4. Sewer lien against George L. Tsoulas Trust, in the amount of
$128.64 plus interest, dated May 12, 1994 and recorded June 7, 1994
in Book 5643, Page 114.
5. Sewer lien against George L. Tsoulas Trust, in the amount of
$302.90 plus interest, dated May 12, 1994 and recorded June 7, 1994
in Book 5643, Page 115.
6. Sewer lien against George L. Tsoulas Trust, in the mount of
$197.64 plus interest, dated May 12, 1994 and recorded June 7, 1994
in Book 5643, Page 116.
7. Sewer lien against George L. Tsoulas, in the amount
unt of $368.50,
committed July 24, 1994 and recorded May 4, 1995 in Book 5847, Page
256.
S. Tax lien against George L. Tsoulas Trust, in the amount of
$2,399.02, committed July 6, 1994 and recorded June 12, 1995 in Book
5876, Page 218.
9. Sewer lien against George L. Tsoulas, in the amount of $41.46,
committed November 20, 1994 and recorded September 29, 1995 in Book
5959, Page 13.
10. Tax lien against George L. Tsoulas Trust, in the amount of
$1,559.53, committed July 1, 1995 and recorded June 5, 1996 in Book
6141, Page 20.
This AGREEMENT made this 25th day of July, 1996 between CITY
OF BANGOR, a municipal corporation organized and existing under and
by virtue of the laws of the State of Maine, and PAUL BARON, of
Bangor, County of Penobscot, State of Maine, and GEORGE L. TSOULAS
TRUST, a trust by virtue of the laws of the State of Maine,
9I T aESa IT R:
WHEREAS, the City of Bangor currently is the Owner of property
formerly owned by George L. Teoulas Trust located at 144-146
Cumberland Street, Bangor, Maine, by virtue of the statutory
foreclosure of matured undischarged property tax and sewer liens; and
WHEREAS, Paul Baron desires to purchase 144-146 Cumberland
Street from George L. Tsoulas Trust; and
WHEREAS, the property at 144-146 Cumberland Street i
currently placarded and in violation of numerous City of Bangor
Ordinances,
NOW, THEREFORE, the parties hereby agree:
1. George L. Toddled Trust shall release its interest in the
property to Paul Baron, in accordance with those parties' separate
agreement.
2. The City of Bangor shall release its interest in 144-146
Cumberland Street to Paul Baron as successor in interest to the
George L. Tsoulas Trust. Prior to the City's release, Paul Baron
shall pay or cause to be paid all unpaid real estate and personal
property taxes, sewer charges, lien charges and interest, through and
including FY 1996 taxes and FY 1996 sewer charges, assessed by the
City of Bangor against the property at 144-146 Cumberland Street.
3. Paul Baron shall rehabilitate the property to comply with
theB.O.C.A. property maintenance code, the City of Bangor electrical
code and the City of Bangor plumbing code.
4. The property shall have no more than four (4) residential
units.
5. The porches on the property shall be removed.
6. Said rehabilitation shall be completed within eighteen
(18) months.
]. Paul Baron shall obtain all necessary permits from the
appropriate agencies prior to commencing work. _
8. The City of Bangor shall agree to a reasonable extension
of the deadline referred to in paragraph 6 above when necessitated by
any condition constituting force ma jests. Unless so extended, the
City of Bangor shall be entitled to specific enforcement of this
agreement upon any failure of Paul Baran to complete the required
work as scheduled. This paragraph shall not limit the right of the
City to initiate a land use enforcement action under Rule 80E,
M.R.Civ.P., for any violation of the City's codes remaining
uncorrected beyond the scheduled completion date or extended
completion date, if extended.
IN WITNESS WHEREOF, the parties have hereunto set their hands
.the day and year first written above.'
CITY OF BANGOR
(BY)
(Title) city {ganag r
-PAUL BARON 1-0�tJ40A.
GEORGE L. TSOULAS TRUST
George L. Taoulas, Trustee
MUNICIPAL QurrcLAM DEED
96-210
The Inhabitants of the Municipality of Borger, a body politic and corporate, located in
Pembscm County, Maine, for consideration paid, release to Daniel T. Longfellow, Thomas A.
Longfellow road Hollis B. Condon, all right, title and interest in and to the land, together with the
buildings Hereon, situate in Bangor, Pontifical County, Maine, described in said liens as follows:
All right, title and interest in and to the land, together with any buildings thercon,
designated as Map RtIA, Lot IIA an dive his maps for the City of Bangor, Maine,
acquired undtt and by virtue of undischarged sewer has liens, including, without
linhadan, the fallowing:
a. Sew" Lion Certificate recorded lune 7, 1994, in the Peoobs[m County Begiary
of (keds in Book 5643, Page 297;
b. Sewer Lim Certificate recorded lune 7, 199, in said Registry in Book 5643, Page 298:
C. Sewer Lien Certificate recorded lune 7, 199, in said Registry in Book 5643, Page 299;
and
The purpose of this deed IS m release any interest the grantor may have in the ahave-
described parcels of land by virtue of the above-refttmced recorded sewer cox liens, all
of which were paid and drambarged of record after matwity.
In witness whermf, the Inhabitants of the Municipality of Bangor have roused this; inumarend to
be signal in its corporate name and sealed by its undersigned officer, duty authorized, His a41h day
of April, 1996.
Warner
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Penobscot County
Bl oGtanls oof� the Municipality of Bangor
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Apra, 1996
Personally appeared the above-named eots .vrsl A Iil&ti�
ff��11=Orta Gvr of the Municipality of forgot, Maine, and acknowledged before methe
forego'mg ire o if hisnher free act sM deed in hither said capacity and the fix as and deed of
said behabhm[s of the Municipality of Bangor.
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Memsy-Pn46a'Attortrc AACLaaro
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cixiaamwmeoim.